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2025 DAILYLAW 46886 (RAJ)

SHAKEER @ BACCHA S/O YUSUF KHAN v. STATE OF RAJASTHAN

CRLMB/15301/2025 · 2025-11-24

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:48188] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 15301/2025 Shakeer @ Baccha S/o Yusuf Khan, Aged About 26 Years, R/o House No. C-815 Bhatta Basti, Madina Hotel Ke Neche, Kachchi Basti, Police Station Bhatta Basti, Jaipur At Present R/o B-212 Sanjay Nagar, Bhatta Basti, Jaipur. (Present Confined In Centre Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/11/2025 1. The 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Shakeer @ Baccha S/o Yusuf Khan seeking bail in respect of a criminal case registered as FIR No.93/2025 dated 15.04.2025 registered at P.S. Vidhyakpuri, Jaipur Metropolitan, South, District - Jaipur, for the offence under Section 304 (2) of BNSS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat [2025:RJ-JP:48188] (2 of 3) [CRLMB-15301/2025] offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that first bail application was dismissed on 11.08.2025 and now, a charge-sheet has been filed. He further submits that the applicant undertake not to repeat offence. He also submits that co-accused has been granted bail by a Coordinate Bench of this Hon’ble Court. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Vidhyakpuri. 5. Heard learned counsel for applicant and learned Public Prosecutor. Perused the material placed on record. 6. First bail application of present applicant was dismissed on 11.08.2025 considering that 31 criminal cases were registered against applicant Shakeer @ Baccha S/o Yusuf Khan. Another, co- accused Shoyab Khan @ Attack was released by a Coordinate Bench of this Court on 03.11.2025 in bail application No.12654/2025, but there were 8 criminal cases against Shoyab Khan @ Attack and out of which three were pending under investigation, whereas 31 criminal cases were registered against present applicant and in all cases, a charge-sheet has been filed against present applicant. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. [2025:RJ-JP:48188] (3 of 3) [CRLMB-15301/2025] 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 9. Accordingly, the 2nd application for bail filed under Section 483 of BNSS preferred by Shakeer @ Baccha S/o Yusuf Khan, is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV 116